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IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajnish Bhatnagar, J.
Rahul – Appellant
Versus
State NCT of Delhi – Respondent
Bail Appln. 3340 of 2022
Decided On : 04-09-2023
BAIL - Criminal Law - The court dismissed the bail application of the petitioner under Section 439 Cr.P.C. seeking regular bail in a case involving allegations of molestation and harassment under IPC and POCSO Act. The court considered the serious nature of the allegations, the testimony of the victim, and the threat to the victim's parents in denying the bail application.
Fact of the Case:
The victim, a minor, was allegedly molested and harassed by the petitioner. The victim testified in court, supporting her allegations. The petitioner claimed false implication and inconsistencies in the statements of the victim and others.
Finding of the Court:
The court dismissed the bail application, considering the serious nature of the allegations, the threat to the victim's parents, and the pending testimony of the victim's parents. The court emphasized that the discrepancies in the victim's statements are a matter of trial and cannot be decided at the bail stage.
Issues: Allegations of molestation and harassment, threat to victim's parents, pending testimony of victim's parents, inconsistencies in victim's statements.
Ratio Decidendi: The seriousness of the allegations, the testimony of the victim, and the pending testimony of the victim's parents were crucial in denying the bail application. The court emphasized that the discrepancies in the victim's statements are to be addressed during trial.
Final Decision: The bail application of the petitioner was dismissed, and no opinion on the merits of the case was expressed.
ORDER
Rajnish Bhatnagar, J. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 212/2022 under Sections 354/354A/509/341 IPC and Sections 8/12 of POCSO Act registered at Police Station Tigri.
2. In brief the facts of the case are that on 09.05.2022, the victim was returning from her school and at about 12.40 P.M when she reached near the temple which was built close to her house, the accused Rahul @ Paltan (Petitioner herein) grabbed her hand from behind and started molesting her. When the victim raised hue and cry, the petitioner started abusing her and ran away from the spot. Subsequently, FIR No. 212/2022 under Sections 354/354A/509/341 IPC and Sections 8/12 of POCSO Act was registered at Police Station Tigri.
3. I have heard the learned counsel for the petitioner, learned APP for the State and perused the status reports filed by the State.
4. It is submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in this case and is in judicial custody since 11.05.2022. He further submitted that the allegations stated in the F.I.R against the petitioner are inconsistent, false and frivolous as there are several discrepancies in the F.I.R, statement of victim under Section 164 Cr.P.C, statement given to the Doctor and the first information call made to police officer by complainant's father. He further submitted that the video clip submitted with the supplementary chargesheet clearly shows that the allegations are false and the victim has a personal vendetta against the petitioner as he got her father arrested by assisting the police officials. While placing reliance upon the judgment of the Hon'ble Supreme Court in Attorney General for India and Ors. vs. Satish and Ors., [Special Leave Petition (Crl.) No. 7472 of 2021], Ld. counsel for the petitioner submitted that the petitioner and victim were only neighbors and the victim had been harassing the petitioner by posting abusive comments on online platform when the incident took place and further, the petitioner stopped the victim for merely 1-2 seconds to talk regarding the same which shows that there was no sexual or ill motives from the petitioner's side. Lastly, he submitted that the investigation has already been completed and as the trial would take a long time to conclude, no purpose would be served by keeping him in judicial custody.
5. On the other hand, learned APP for the State has vehemently opposed the bail application and has argued on the lines of the status reports. She submitted that the allegations are grave and serious in nature and the victim who was only 16 years of age at the time of incident has supported the case in view of her statement recorded under section 164 Cr.P.C and has levelled specific allegations against the petitioner of touching her cheeks, chest and waist. She further submitted that the parents of the victim have been threatened with dire consequences on behalf of the petitioner and in this regard FIR no. 117/2023 has also been registered against the persons who have threatened the parents of the victim at P.S.Tigri. She further submitted that the petitioner is also involved in case FIR No. 279/2018 under Sections 302/307 and 34 IPC, P.S. Neb Sarai. Lastly, she submitted that though the victim has already been examined in the trial court but the testimony of the parents of the victim is yet to be recorded and thus, the present bail application of the petitioner is strongly opposed.
6. In the instant case, the victim (PW-1) in her testimony recorded in the court has fully supported her case. The perusal of the same shows that the victim has levelled specific allegations against the petitioner of grabbing her hand, covering her mouth, trying to drag and take her somewhere else, touching her waist and chest inappropriately and also, abusing her.
7. As far as the contention of the counsel for the petitioner that there are several discrepancies in th
The seriousness of the allegations and the pending testimony of the victim's parents were key factors in denying the bail application.
The seriousness of the allegations, cooperation in the investigation, and verification of the victim's age are crucial factors in considering anticipatory bail applications.
The court granted bail considering prolonged custody, the completion of witness examination, and the absence of necessity for further detention despite the severity of allegations.
The court considered the period of incarceration, completion of witness examination, and the lack of fruitful purpose in keeping the petitioner detained in prison as key factors in allowing the bail ....
Serious allegations, minority of the victim, and familial relationship with the accused are relevant factors in deciding bail applications in cases involving sexual assault on minors.
The seriousness of allegations and threats to the victim's safety are paramount in bail considerations, justifying denial when the applicant's personal circumstances do not outweigh these factors.
POCSO Act - Grant of Bail - Improvement in the testimony of the victim.
Accused may be granted bail when there are significant delays in trial, provided there is no risk of evidence tampering, despite serious accusations and improvements in witness testimony.
Bail applications under serious charges involving minors require strong grounds for grant, especially when testimony is ongoing and credibility is in question.
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